Have you been charged with robbery? If so, your first step should be to retain a knowledgeable defense attorney. Keep reading to learn more about your defense options and then contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation.
Certain elements must be proven to convict you of robbery in California
These concepts must be understood since they are essential to your defense. A conviction for robbery requires the prosecution to establish your guilt of each of the following elements:
- You stole someone's possessions
- It was in the other person's "possession or immediate presence" when you seized the item
- Without their permission or understanding, you grabbed their property
- To keep them from rebelling, you either utilized force or instilled terror
- You wanted to permanently seize the property or keep it away from the owner while depriving them of much of its worth or enjoyment
Potential consequences for robbery convictions in Southern California
Robbery carries severe consequences in Southern California. If found guilty of first-degree robbery, you may spend three to six years in state prison and two to five years if found guilty of second-degree robbery. In addition, if you wounded someone, used a gun, or have a history of strikes, the court may lengthen your sentence.
Due to sentencing enhancements and the Three Strikes Law, your robbery sentence may swiftly increase. You don't want to serve several years in prison.
Combat robbery charges with powerful defense techniques
It's essential to contest the aforementioned components if you want to successfully defend against a robbery allegation, which is why you want an experienced robbery lawyer in Southern California, California. Our legal experts can look into your matter and develop a strong defense for it. Past robbery defenses have included the following:
Lack of Force/Fear - Say your roommate claims you threatened him and stole money from his wallet. While you did take his money, you never intimidated him or used force since he was intoxicated at the time of the alleged crime. We can probably get your charges reduced in this situation to theft, which has less severe punishments.
Right to Property - Assume that your roommate's share of the rent was paid using the money in his wallet. You stole the money and paid the bills while he was intoxicated. Because rent was unpaid and you didn't use force or terror, we may contend that you had a claim to the property. Since the prosecution must show you took something that wasn't yours, the court may decide to withdraw your charges if you are successful.
Identity Mistake - Referring back to the earlier illustration, let's say your friend accuses you of robbery the next day even though you didn't take the money. He may have been confused as a result of drinking too much. We would claim that he was robbed during your trial, and your lawyer would introduce proof of his misunderstanding during cross-examination. In addition, we might offer you alibis from witnesses.
False Accusations – For the sole purpose of exacting retaliation, some persons may fabricate tales of robbery and other crimes. For instance, your roommate could report a bogus incident to the Southern California police because they are upset with you for moving out. We may discover proof of his deception by looking at texts, emails, and witness accounts. Of course, robbery charges would be withdrawn if we win the case in court, and he'd probably be charged with making a false report in violation of PC 148.5.
Call today for help
Even though you might believe that a conviction is certain, this isn't always the case, so you shouldn't just show up in court and enter a guilty plea. You could live to regret making that choice. It's crucial to at least speak with an accomplished defense lawyer in Southern California. You can reach Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.